How to Evict a Tenant in Hawaii (2026)
The legal steps for landlords in Hawaii — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Hawaii a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | From Feb. 5, 2026: written notice of at least 10 calendar days to pay, on a form with required contents, with a copy provided to a state-funded mediation center. If the tenant schedules mediation within the 10 days, the landlord may not file until 20 calendar days after the tenant received the notice (unless the tenant skips or cancels mediation), and the landlord must participate. |
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| Lease violation | Written notice giving at least 10 days to remedy a material noncompliance with tenant obligations (§ 521-51) or a breach of a building rule (§ 521-72). No cure period if the breach causes or threatens irremediable damage to a person or property. Source: HRS §§ 521-69(a), 521-72(a) |
| Ending a month-to-month tenancy (no fault) | Landlord: at least 45 days' written notice (120 days if for demolition, condo conversion, or transient vacation rental use). Tenant: at least 28 days' written notice. Tenancies shorter than month-to-month: 10 days. Source: HRS § 521-71(a)-(d) |
Local rent-control or just-cause rules can limit evictions: No rent control in Hawaii; no limit on the amount of a rent increase. Notice of increase: at least 45 days for month-to-month tenancies, 15 days for shorter tenancies.
Step 2: Write and deliver the notice correctly
| What the notice must say | From Feb. 5, 2026: written notice demanding payment within at least 10 calendar days after receipt or the rental agreement will be terminated. Must include: landlord/agent name and contact information (phone, e-mail, mailing address if possible); the unit address; names and contact information of all tenants on the agreement; the current rent due after applying all payments from all sources; notice that a copy is being sent to a state-funded mediation center; notice that the landlord may file for summary possession if rent is unpaid and mediation is not scheduled within 10 days; a bold-type warning in substantially the statutory form explaining the 10-day and 20-day filing rules; and notice that the landlord must mediate if mediation is scheduled. Delivery: posting conspicuously on the unit (received on posting) or U.S. mail (received 2 business days after postmark); a copy must go to a state-funded mediation center. The Judiciary must publish a notice form. |
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| How it must be delivered | There is no general statute on how notices are served. A notice counts as received when it actually comes to the person's attention or is delivered to the place of business where the rental agreement was made, or any place held out for receiving such communications (§ 521-9). For the nonpayment notice, as reenacted effective Feb. 5, 2026, the landlord may post it conspicuously on the unit, and it is deemed received on the posting date. If mailed by USPS, it is deemed received 2 business days after the postmark unless returned. The notice must give at least 10 calendar days to pay and must also go to a state-funded mediation center. Termination notices for month-to-month tenancies must be in writing (§ 521-71). No statute authorizes e-mail or text service. |
Notice forms:
- Hawaii notice to pay rent or quit — requirements and free draft
- Hawaii notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Hawaii are heard in: District Court of the circuit where the premises are located.
- Notice: 10-calendar-day pay-or-terminate notice with mediation-center copy (nonpayment); 10-day cure notice (lease or rule violations); 45-day notice (month-to-month)
- Optional pre-filing mediation in nonpayment cases (Act 278 pilot, Feb. 5, 2026 - Feb. 4, 2028); filing not before day 20 if mediation scheduled
- Landlord files summary possession complaint (nonpayment complaints must show the notice was sent to the mediation center)
- Summons returnable at a hearing date set under court rules; tenant appears at the return hearing
- Judgment for possession; in nonpayment cases the writ is stayed if the tenant pays rent, 8% interest, costs, and landlord's attorney's fees before the writ issues
- Writ of possession executed by the sheriff, police officer, or authorized civil process server
Court timing: The tenant must appear in court, or file a written answer, by the return day in the summons: the next court session at least 5 days after service if served in the same circuit, or at least 7 days after service if served in another circuit. If the tenant cannot be found in Hawaii, the return day is the next session at least 10 days after the court-ordered posting and mailing. Appearing without a written answer counts as a general denial.
How long it takes to evict a tenant in Hawaii
For unpaid rent, the notice period is 10 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Hawaii
Court filing and service fees are set locally. Verified fees in the largest Hawaii counties:
| County | Filing and service fees |
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| Honolulu County (City and County of Honolulu, Oʻahu) | $155 (complaint for summary possession, District Court) |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Landlord: at least 45 days' written notice (120 days if for demolition, condo conversion, or transient vacation rental use). Tenant: at least 28 days' written notice. Tenancies shorter than month-to-month: 10 days. Source: HRS § 521-71(a)-(d) |
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Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Lockout: if the landlord removes or excludes the tenant overnight without cause or court order, the tenant may recover possession or terminate and recover 2 months' rent (or 2 months' free occupancy) plus costs and attorney's fees. Utility shutoff: landlord may not wilfully interrupt water, hot water, electric, gas, or other essential service to regain possession; it is an unfair and deceptive practice with minimum damages of the greater of 3 times the monthly rent or $1,000. Source: HRS §§ 521-63(c), 521-74.5 |
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| Retaliation | While the tenant keeps paying rent, the landlord may not evict, force the tenant out, raise rent, or cut services after the tenant in good faith complains to a government agency or the landlord about health or code violations, an agency cites a violation, or the tenant requests repairs under §§ 521-63/521-64. No fixed presumption period. Tenant recovers damages plus costs and reasonable attorney's fees. Source: HRS § 521-74 |
| Accepting rent after the notice | No, once a case is filed. When a landlord has brought an eviction proceeding (summary possession, ejectment or otherwise), accepting rent during the litigation is not treated as recognizing the tenancy and does not prejudice the landlord's rights. If the eviction succeeds, rent paid is treated as damages for withholding possession. No statute addresses accepting rent after a notice but before filing. Source: HRS § 666-5 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Hawaii eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Hawaii?
From Feb. 5, 2026: written notice of at least 10 calendar days to pay, on a form with required contents, with a copy provided to a state-funded mediation center. If the tenant schedules mediation within the 10 days, the landlord may not file until 20 calendar days after the tenant received the notice (unless the tenant skips or cancels mediation), and the landlord must participate.
How much does it cost to evict a tenant in Hawaii?
Court fees are set locally — for example, Honolulu County (City and County of Honolulu, Oʻahu): $155 (complaint for summary possession, District Court)
Can a landlord change the locks to evict a tenant in Hawaii?
Lockout: if the landlord removes or excludes the tenant overnight without cause or court order, the tenant may recover possession or terminate and recover 2 months' rent (or 2 months' free occupancy) plus costs and attorney's fees. Utility shutoff: landlord may not wilfully interrupt water, hot water, electric, gas, or other essential service to regain possession; it is an unfair and deceptive practice with minimum damages of the greater of 3 times the monthly rent or $1,000.
How do you evict a tenant without a lease in Hawaii?
Landlord: at least 45 days' written notice (120 days if for demolition, condo conversion, or transient vacation rental use). Tenant: at least 28 days' written notice. Tenancies shorter than month-to-month: 10 days.
← All Hawaii landlord-tenant rules · Notice deadline calculator
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.